158 Ga. 208 | Ga. | 1924
1. The verdict is supported by evidence. The jury returned the following verdict: “We, the jury, find for the plaintiff the injunction as prayed, and we further find for the plaintiff damages as follows: Log stumpage for 99,611 feet at 2.00 per thousand, $392.22; cross-ties stumpage for 429 ties at 25c, $107.25; telephone-poles stumpage for 142 poles at 40c $56.80; total five hundred fifty-six and 27/100 dollars.” There is manifest clerical error in the amount of money calculated for 99,611 feet log stumpage at $2.00 per thousand. In the verdict it is stated as $392.22. This should have been $199.22; consequently the total amount of the verdict, which was stated as $556.27, should be reduced by the sum of $193.00, which would make the total sum $363.27; and it is directed that the judgment be amended accordingly, so that it will state the correct total amount of recovery for the plaintiffs.
2. The assignment of error on the refusal of the court to grant a nonsuit is covered by the ground of the motion for a new trial that the verdict is contrary to evidence.
3. Grounds four, five, six, and seven of the motion for a new trial assign error on the judgment sustaining demurrers to portions of the answer of the defendants. Under the uniform rulings of this court, a judgment sustaining a demurrer cannot be made the ground of a motion for now trial.
<1. The eighth ground of the motion complains of the introduction of ceriain documentary evidence over objection of the defendant. The ground of the motion states reasons why movant contends that this evidence was not admissible, but it fails to state what objection was made to the
6. The seventeenth ground of the .amended motion for a 'new trial complains that the court erred.in failing to charge the jury “that the plaintiff had endeavored to purchase in May or June, 1922, or about that time, the uncut timber then upon the lands from the Wilkes Lumber Company, and its legal effect; and also, if such acts wfere found to be true, the plaintiffs could not recover.” Evidence that the plaintiffs endeavored to purchase the timber as indicated in this ground of the motion would at most amount to a contradiction of the testimony offered by the plaintiffs, or evidence tending to impeach other testimony, and would not of itself authorize the court to instruct the jury that oh account of such evidence the plaintiffs could not recover. Therefore the court did not err in failing to charge the jury as contended in this ground of the motion.
7. The eighteenth ground of the amendment to the motion for a new trial complains that the entire charge of the court “as a whole is insufficient, in that it did not present the issues clearly and according to law, and by acts of both omission and commission was contrary to law, and injurious and harmful to the defendants.” This ground is too general to present any question for determination by this court, the whole charge not appearing to be erroneous. May v. Sorrell, 153 Ga. 65 (111 S. E. 810).
Judgment affirmed, with direction.